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UKPC ticket late July

greenwich_london
greenwich_london Posts: 17 Forumite
edited 7 November 2017 at 4:39PM in Parking tickets, fines & parking
Hi guys, i (the keeper) received an NTK on the 31st of August related to a PCN issued by UKPC, late July. I as the keper came on this forum, and copied the template and appealed to them. I got an automated email that they received my appeal and they will reply back in a few days. Since then, i havent heard of them, but i can still see my car on their website. The template says clearly that if the company doesnt reply within 21 days with a POPLA code, I (the keeper) wont accept any further charges and the ticket automatically gets cancelled.

What should i expect from now on? Any chance to take it to the court without notifying me?
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Comments

  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Have you heard nothing since August?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Umkomaas
    Umkomaas Posts: 43,822 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The template says clearly that if the company doesnt reply within 21 days with a POPLA code, I (the keeper) wont accept any further charges and the ticket automatically gets cancelled.
    Where did you make that up from? The template says nothing of the above. No ticket gets ‘automatically cancelled’.

    The only reference in the template to 21 days is this:
    I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

    This is about the processing of your personal data in the context of the Data Protection Act. Maybe they have ‘taken note’ and stopped processing it - although I’d be utterly amazed if they have done as a result of that paragraph.

    But if they subsequently do further process you data, you have lined them up for a complaint from you to the Information Commissioner’s Office (ICO) - do some research now so you understand what this means and you are ready to act if necessary.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • greenwich_london
    greenwich_london Posts: 17 Forumite
    edited 7 November 2017 at 5:40PM
    Should i complaint to ICO then? Im going to read the instructions again
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 7 November 2017 at 3:40PM
    I cannot see the ICO getting involved unless there has been a data breach, so I dont think that will wash with them at this moment

    any complaints at this time would be to the DVLA and to the BPA , plus your local MP

    in theory , any breach has been the BPA CoP at this time

    and edit post #1 and remove any hint of who was driving

    THE DRIVER has parked the vehicle

    THE DRIVER assumed it was ok to park

    the words "ME MYSELF & I" are banned on this forum
  • Thanks Redx for your advice, i edited! I read the BPA CoP. The only possible breach i could find, which i am not clearly sure if it stands anywhere, is that the pictures provided on their website, have a spread of 8-9 minutes, so there could be a claim of no grace period
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    you need to edit post #4 as well

    it was THE DRIVER that found the windscreen ticket ;)

    the appeal words dont really amount to a contract as regards any supposed 21 days

    MY POINT was that they failed the 35 day cancel or provide a popla code for independent ADR clause in the BPA CoP

    they signed up to the BPA CoP and AOS scheme for their KADOE contract

    you have heard nothing , no cancellation , no popla code , no ADR

    they may well have breached other parts of the BPA CoP, so any complaint should be by email to the BPA , with copies of all paperwork and a timeline , your intial appeal and any proof of appeal

    get the basics right before you even think about the ICO
  • greenwich_london
    greenwich_london Posts: 17 Forumite
    edited 7 November 2017 at 5:49PM
    I edited my #4 post too :)

    I see your point. Yes their confirmation letter mid September was this :
    Thank you for your email.

    UKPC confirm receipt of your on-line appeals form

    Your charge will be placed on hold whilst under appeal and we will aim to respond to you by formal letter/e-mail to the address supplied within 35 days, should you not receive a response within this time, please contact our information line on 0333 220 1070.

    Please do not respond directly to this email as it is automatically generated and you will not receive a reply.

    If you have already been issued with a final letter in response to a previous appeal and you are not providing any further evidence to substantiate your case, then please do not expect a response from us.

    Assuring you of our best intentions at all times

    I suppose i need to read the Code again and again and find keywords and clues that mean they breached their "agreement" with BPA, while the CoP states clearly they should show professionalism
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    well, they gave it away in their reply stating the 35 days that is also in the BPA CoP

    so seeing as your present complaint is that it has not been cancelled nor has it been refused and a popla code issued within the 35 days (because we are past that deadline now) then you have a complaint for the BPA by email

    if you can find further breaches , that adds to your case

    at this moment in time it is this that is of importance, any DPA breach has to be proven and much further down the track, like within 6 years once this matter is resolved or deadlocked

    dont run before you can walk, or crawl
  • Are you suggesting me to complain to BPA as a keeper for this breach and wait for them to resolve it for me and get it cancelled by UKPC?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Are you suggesting me to complain to BPA as a keeper for this breach and wait for them to resolve it for me and get it cancelled by UKPC?

    yes, that and anything else that you find , email their aos complaint email address , attach copies of all paperwork etc

    they may not resolve it or get it cancelled by UKPC however

    it may get a response however, either a rejection with a popla code , or a cancellation by UKPC - who knows

    you are getting a zoo keeper to poke the adult lion with a sharp stick, so it may well ignore the keeper and turn on you

    ie:- your impatience to end this may backfire and a popla code may be issued
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